Analysis & Commentary

Insights

Analysis and commentary on corporate governance, artificial intelligence,
business law, and emerging regulatory developments.

Agentic AI Liability: Who Is Responsible When AI Causes Harm?

Agentic AI and other forms of autonomous artificial intelligence put long-standing liability doctrines to the test. Although there are several challenges and potential accountability gaps, our existing legal framework still…

AI Governance Best Practices – Fundamental Principles for Businesses and Boards

The details of what amounts to enterprise AI governance best practices depend on the specific circumstances, including industry and risk profiles. A large corporation with multiple active AI use cases…

AI & Fiduciary Duties: Directors’ and Officers’ AI Decisions and Oversight

In addition to directors’ and officers’ own use of AI tools, an important AI governance question concerns board and management decisions on AI development and AI deployment within their enterprise.…

AI & Fiduciary Duties: Boundaries of Corporate Directors’ and Officers’ Use of AI

Corporate governance discussions have largely focused on how directors and officers should manage and monitor AI in their companies. But there is another open question: to what extent may corporate…